On Sentencing Suggestions

With China's economic and social development and people's law conscio usness enhancement,the sentencing issues more and more attention of the soci ety,sentencing recommendations for standardization of sentencing reform part,in nineteen ninties started in parts of the country for the procuratorial organ,it s pilot caused personage of social all circles,wide attention of experts and disc ussion.Procuratorial sentencing suggestion is put forward to take the blister of the generation or justice,there are different voices and opinions.From the pre sent stage reform,January 1,2013 implementation of the " People's Republic of China Law of criminal procedure " clearly stipulated the sentencing facts a nd sentencing evidence to the court investigation and debate,is seeking the vi ews of the " PRC Criminal Law Judicial Interpretation " also stipulates procur atorial organs can be proposed sentencing suggestion,therefore sentencing rec ommendations carry out is no suspense.But different views prompted us to co mprehensive understanding and view of the prosecutors proposing,different v oice prompted us to more standardized operation of sentencing proposal.The f irst part of this article plans from the sentencing proposal concept,attribute an d value analysis of the prosecutors proposing the necessity;The second part analysis the implementation situation of Anglo American and continental two legal systems in the sentencing proposals;the third part of China's sentencing suggestion system at this stage of the implementation of the content,range,time,mode,change;the fourth part of the analysis of the sentencing suggestion exists in the judicial practice in the specific difficulties and put forward the corresponding countermeasures,in order to play the biggest effect of sentencing proposal.